Section 54-A. Security where coverage is in issue  


Latest version.
  • Where the issue of policy
      coverage  is raised by a carrier in any hearing or proceeding before the
      board, and an appeal by the carrier, or the making of an application for
      review is made, although an award is made to a claimant therein  against
      the  employer  and  carrier, the chairman may, nevertheless, require the
      employer to deposit the amount of said award or  furnish  such  security
      therefor as may be deemed satisfactory by said chairman. If the employer
      shall  fail to make such deposit or give such security, the award may be
      enforced promptly against said employer by the entry of judgment by  and
      in  the  name  of  the  chairman,  for and in behalf of such claimant in
      accordance with the provisions of  section  twenty-six  hereof.  In  the
      event  that  the  award made as against the carrier is finally affirmed,
      the employer shall be entitled to the return of said security  deposited
      or, if the said award has been paid, to an award by way of reimbursement
      against  the said carrier for the amount of money paid upon the award or
      judgment entered thereon to the  claimant.  If  the  award  against  the
      carrier  is  finally reversed on appeal, then the carrier is relieved of
      liability and not otherwise.